What is Section 339 IPC? Wrongful restraint
Published on: Lawiz Team
Learn about Section 339 IPC: Wrongful restraint
Official Legal Text
Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
What This IPC Section Means – Explained in Simple Words
Section 339 defines wrongful restraint as the act of preventing someone from moving freely in any direction where they have the right to move.
Purpose
To protect individuals from being unlawfully prevented from moving freely.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Not Applicable (This section defines 'wrongful restraint').
Key Elements
1. The act must restrict a person's movement. 2. The restriction must be without lawful justification. 3. The person must be prevented from moving in any direction they have a right to.
Illustrative Example
If a person blocks another's path on a public road without any lawful reason, it is wrongful restraint.
Legal Defenses
If the restriction is for lawful purposes, such as a police checkpoint, it is not wrongful restraint.
Related Sections
Related to Section 340 (Wrongful confinement).
Important Note
Wrongful restraint is a minor form of restriction compared to wrongful confinement under Section 340.
FAQs
What does Wrongful restraint mean?
Wrongful restraint is defined under Indian Penal Code.
What is the punishment for wrongful restraint?
Punishment is according to IPC provisions for this offence.
Is offence under this section cognizable?
It depends, but often considered serious under IPC.
Is offence under this section bailable?
Bailability depends on severity and case facts.
How can a complaint be filed under this section?
Approach nearest police station and lodge an FIR.
What are possible defences if accused under this section?
Defence may include lack of intent, accident, or false implication.
Can you provide an example situation under this section?
Examples vary based on case facts.